6386 AMS HSC ARLO 001
SB 6386 - S AMD to SB 6386 80
By Senator Hargrove
Strike everything after the enacting clause and insert the following:
NEW SECTION. Sec. 1
(1) The legislature finds:
(a) The sexual abuse of a child is a most serious crime and an
act repugnant to moral instincts;
(b) A pedophile is a person who has fantasies, urges, or
behaviors that involve sexual activity with a child; and
(c) When a person acts on a pedophilic urge, he or she has
committed a criminal act against the most vulnerable segment of our
society, children. The main method for preventing pedophilia is
avoiding situations that may promote pedophilic acts.
(2) It is the intent of the legislature to criminalize conduct
that is intended to provide a person the information necessary to
commit a pedophilic act.
NEW SECTION. Sec. 2 A new section is added to chapter 9.68A RCW to
read as follows:
(1) Every person who knowingly publishes information relating to
the location of children or a place where children regularly gather,
or the specific time and location in which children or a particular
child may be found, or the personal information of a child, for the
purpose of arousing or gratifying the sexual desire of any person, is
guilty of a gross misdemeanor. It is a defense to a charge against an
internet service provider or social networking site that the internet
service provider or social networking site had only constructive
knowledge and not actual knowledge.
(2)It is not a defense to prosecution under this section that
the information includes a specific disclaimer of intention to incite
a sexual offense against a child if it is clear from the overall
character of the communication that its purpose is to promote the
commission of a sexual offense against a child.
(3) For the purposes of this act:
(a) "Location of children or a place where children regularly
gather” means any public facility or private facility whose primary
purpose, at any time, is to provide for the education, care, or
recreation of a child.
(b) "Child" means any person under the age of sixteen.
(c) "Personal information" means the name of the public or
private elementary, middle, or high school attended by a child; a
child's school address, home address, home telephone number, cell
phone number, and home e-mail address; directions to a child's school
or home; physical description of a child; or photographs of a child.
(d)"Public facility" means a facility operated by a unit of
local or state government, or by a nonprofit organization.
(e) "Publishes" means makes information available to another
person through any medium, including, but not limited to, the
internet, the world wide web, or e-mail.
NEW SECTION. Sec. 3 A new section is added to chapter 4.24 RCW to
read as follows:
(1) Whenever it appears that any person is committing or has
committed any act that constitutes a violation of section 2 of this
act, the prosecuting attorney or the parents or guardian of any child
harmed by an alleged violation of section 2 of this act may initiate
a civil proceeding in superior court to enjoin such violation, and
may petition the court to issue an order for the discontinuance of
the publication of the information in violation of section 2 of this
act.
(2) An action under this section shall be brought in the county
in which the violation is alleged to have taken place, and shall be
commenced by the filing of a verified complaint, or shall be
accompanied by an affidavit.
(3) If it is shown to the satisfaction of the court, either by
verified complaint or affidavit, that a person is committing or has
committed any act that constitutes a violation of section 2 of this
act, the court may issue a temporary restraining order to abate and
prevent the continuance or recurrence of the act.
(4) The court may issue a permanent injunction to restrain,
abate, or prevent the continuance or recurrence of the violation of
section 2 of this act. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish
the purposes of the injunction. The court may retain jurisdiction of
the case for the purpose of enforcing its orders.
NEW SECTION. Sec. 4 A new section is added to chapter 4.24 RCW to
read as follows:
(1) The parents or guardian of any child whose personal
information is published in violation of section 2 of this act and
who suffers damages as a result of such conduct may bring a cause of
action against the person who published such information, for actual
damages sustained and reasonable attorneys' fees and costs.
(2) If a court has found that any person has engaged in any act
that constitutes a violation of section 2 of this act the court shall
award liquidated damages to the child whose personal information is
published in violation of section 2 of this act in the amount of ten
thousand dollars for each violation.
NEW SECTION. Sec. 5 If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.
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EFFECT:
• Adds an intent section.
• Amends the elements of the new crime to include “publication for the purpose of arousing or gratifying the sexual desire of any person” instead of “with the intent that another person use the information to commit a crime against a child and the publication of the information is likely to aid in the imminent commission of a crime against a child.”
• Clarifies that parents of a child who suffers actual damages as a result of the prohibited acts has a cause of action.
• Clarifies that a court shall award the child liquidated damages in the amount of ten thousand dollars for each violation when the court finds any person or organization has engaged in the prohibited acts.
• Clarifies definitions used throughout the act, including that "child" means a person under the age of sixteen.